Cleland decision troubling

June 5, 2012

Article 1, Section 11, of the Pennsylvania Constitution is very clear, but Senior Judge John Cleland apparently needs a refresher course of Pa. Constitution 101.

Cleland, the judge appointed to oversee the Jerry Sandusky child sex-abuse case, ruled Monday that reporters are not permitted to use electronic means to do their jobs from the Centre County Courthouse during the jury selection and trial.

It means using Facebook, Twitter and other Internet services for real-time reporting are prohibited.

"All courts shall be open."

But Pennsylvania still lives in a 17th century mentality, even though the concept of open courts have been a part of the fabric of the Commonwealth since 1682.

"That all Courts shall be open, and Justice shall neither be sold, denyed or delayed," reads the first mention of open courts in Pennsylvania as part of the founding documents issued to William Penn, according to the Pennsylvania Legislative Bureau website.

A free society demands an open court system to make sure that justice is fairly and impartially served. It also means to change with the times.

"All courts shall be open."

While Pennsylvania has the constitutional edict to have open courts, our judges have taken an activist, revisionist role in defining what open courts mean.

Cleland used this tact in denying the media's request. He cited Rule 112 of the Pennsylvania Rules of Criminal Procedure, which bans the use of electronic means to report directly from the courtroom.

Cleland's decision is a violation of the clear language of the Pennsylvania Constitution.

The media are in Bellefonte for jury selection followed by the trial, which is scheduled to begin Monday.

The public will have to wait for details of the proceedings because Cleland doesn't truly believe in your right to an open court.

And given that he's presiding over one of most high-profile cases in Pennsylvania history, that's disappointing.